Status of cases pending in different courts
7 min readSTATUS OF CASES PENDING IN DIFFERENT COURTS
UPHAAR FIRE TRAGEDY – CRIMINAL CASE – PENDING IN SUPREME COURT
13.06.1997: Fifty nine people die of Asphyxia and over 100 injured in the worst ever cinema disaster in the country due to fire at Uphaar cinema in New Delhi. The FIR was lodged in the Hauz Khas Police Station. The investigation was handed over to crime branch Delhi Police in the third week of June 1997. Subsequently the investigation was transferred to CBI on 26th July 1997.
15.11.1997: Charge Sheet filed by CBI against 16 accused.
20.11.2007: Judgement of Trial Court convicting all the 12 accused charge sheeted by the CBI. (4 accused died during the trial namely R M Puri Director Uphaar, Uphaar, K L Malhotra , D G M Uphaar, S N Dandona ( PWD) & Surinder Dutt ( DFS)
Sushil Ansal & Gopal Ansal – 2 years (u/s 304 A IPC, 337,338)
Radhakishan Sharma, Ajit Choudhary & N S Chopra (Managers – Uphaar Cinema) – 7years u/s 304 IPC
Manmohan Unniyal (Gate Keeper Uphaar Cinema) – 7 years u/s 304 IPC
B M Satija, A K Gera & Bir Singh (DVB) – 7 years u/s 304 IPC
H S Panwar ( DFS) – 2 years u/s 304 A IPC
N D Tiwari & Shyam Sunder Sharma (MCD) – 2 years u/s 304 A IPC
10.09.2008: The Hon’ble Supreme Court cancelled the bail granted to Sushil Ansal ,Gopal Ansal by the High Court.
19.12.2008: Judgement of the High Court .The High court convicted 6 out of 12 convicted by the trial court. ( Total hearing -26 )
Sushil Ansal & Gopal Ansal – Sentence reduced to one year
Radhakishan Sharma & N S Chopra (Managers – Uphaar Cinema) – Acquitted
Manmohan Unniyal (Gate Keeper Uphaar Cinema) – sentence reduced to two years and convicted u/s 304 A IPC
B M Satija & Bir Singh (DVB) – Sentence reduced to two years u/s 304 A
A K Gera (DVB) – Acquitted
H S Panwar ( DFS) – Sentence reduced to one years
N D Tiwari & Shyam Sunder Sharma (MCD) – Acquitted
30.01.2009:.The Court issued notice on an SLP filed by Association of the Victims of Uphaar Tragedy for enhancement of sentence of Sushil & Gopal Ansal and alteration of charge to 304 IPC. The Hon’ble Supreme Court granted bail to Sushil Ansal, Gopal Ansal and H S Panwar. The court also issued notice on an SLP filed by Ansal’s & H S Panwar.
Sushil Ansal, Gopal Ansal, B M Satija, Bir Singh, H S Panwar filed an appeal for acquittal
CBI filed a counter appeal for enhancement of sentence to 2 years for Sushil Ansal, Gopal Ansal, H S Panwar, Alteration of charge to 304 IPC for B M Satija, Bir Singh ( DVB) & Manmohan Unniyal ( Gate Keeper Uphaar) and against acquittal of N S Chopra (Manager Uphaar), A K Gera ( DVB), N D Tiwari & Shyam Sunder Sharma ( MCD)
AVUT filed an appeal for alteration of charge to 304 IPC against Sushil Ansal & Gopal Ansal.
August 2010 to February 2012 : Matter on board in Supreme Court .8 adjournments sought by Ansals
16.02.2012 to 17.04.2013: Criminal Appeal taken up for hearing.
(Hearing goes on for over a year)
17.04.2013: Judgment reserved.
March 5th 2014 : Judgment pronounced. Sushil Ansal , Gopal Ansal & H S Panwar convicted u/s 304 A , 337 & 338 & section 14 of Cinematograph Act. Though the judges concurred on the findings but there was a dissent with regards to sentencing and the matter was referred to three judge bench. It is one year and three months order on sentencing is still pending which is unprecedented.
NOTE: AVUT moved three applications for early hearing between October 8th 2014 to January 22 2015. CBI also moved an application for early hearing 22nd January 2015. The matter was finally taken up on April 21st 2015. An adjournment was sought on behalf of Ansals.
TAMPERING WITH JUDICIAL RECORDS – PENDING IN CMM’S COURT, PATIALA HOUSE
10.01.2003: CBI files an application regarding missing documents
07.03.2006: AVUT files a Crl.Misc. Application in Crl. Misc (Main Petition No. 2380/2003 in the Hon’ble High Court under section 482 of the code of criminal Procedure praying for directions for registration of a criminal case against offenders for tampering with documents in the court custody.
05.05.2006:The Hon’ble High Court passed following order:
“Delhi Police is called upon to register a case under appropriate provision of law in regard to the incident of removal/tampering with/ mutilation of the documents from the judicial records of the trial court. After the registration of the FIR, investigation shall be entrusted to an officer not below the rank of ACP who will conduct the investigation expeditiously and endeavor to conclude the same within a period three months from the date of this order. A status report shall be filed by the investigating agency before the next date of hearing i.e. 8th August 2006.”
17.05.2006: An FIR No.207/2006 is lodged by Delhi Police under Sec. 109/193/201/218/409/120B IPC under the directions of the High Court.
22.02.2007: Charge Sheet filed EOW Delhi Police in ACMM‘s Court against court Ahalmad Dinesh Chandra Sharma.
23.05.2007: Supplementary Charge Sheet filed enclosing GEQD Report of the documents seized from A Plus Security Agency
17.01.2008: 2nd Charge Sheet filed by EOW Delhi Police and following were arrayed as accused:
- Sushil Ansal 2. Gopal Ansal 3. H S Panwar 4. PP Batra 5. Anoop Singh 6. Col D V Malhotra
15.02.2008: Summons issued by ACMM Patiala House Court
24.02.2008: Sushil Ansal files revision against the Summoning Order in the Hon’ble High Court
28.04.2008: Gopal Ansal filed petition to be listed along with Crl Rev. 224/08 of Sushil Ansal
03.09.2010: High Court dismissed all the Petitions with following directions:
“This Court does not find merit in any of the petitions. Each of the petitions is accordingly dismissed with cost of Rs.25,000/-. These costs will be paid to the State within a period of four weeks from today. The interim orders stand vacated. The pending applications are dismissed. The trial court records be returned to the concerned court forthwith together with a certified copy of this order.”
26.08.2013: AVUT filed a Criminal Writ Petition in High Court of Delhi with a prayer for expeditious trial. Hon’ble Court has directed the CMM Patiala House Courts to frame the charges or otherwise by 15th May 2014.
25.05.2014: Order reserved on framing of charges
31.05.2014: Charges framed against all seven accused u/s 409/109/201/120B IPC.
NOTE: Revision has been filed by Sushil Ansal , Gopal Ansal, D V Malhotra & Anoop Singh against the order framing charges in the court ASJ , Patiala House. There is no stay on trial.
Trial is proceeding in the court of CMM and only one witness has been examined in the last one year. Next date of hearing 06.07.2015
COMPLAINT CASE W.R.T. 506 ,509,188 & 120B IPC
10.05.2007: An application was filed by Neelam Krishnamoorthy before the Ld Trial Court of Ms Mamta Sehgal, ASJ in the case titled CBI v/s Sushil Ansal .
The Ld ASJ forwarded the application to the ACMM which was registered as a Complaint and the statement of the complainant and other witnesses were recorded.
19.06.07: Ld ACMM summoned Sushil Ansal , Gopal Ansal ,Praveen Sharma , Deepak Kathpalia u/s 188,506,509 read with section 120-B IPC
03.07.2007: Gopal Ansal & Praveen Sharma moved High Court u/s 482 and an ex parte stay was granted. Subsequently Sushil Ansal & Deepak Kathpalia also moved the High Court and were granted stay
03.03.2015 : Arguments were heard and judgment reserved .
AMOD KANTH: SUMMONED AS AN ACCUSED IN UPHAAR FIRE TRAGEDY CASE. – PENDING IN SUPREME COURT FOR WANT OF SANCTION U/S 197 Cr PC
11.02.2004: AVUT filed an application under section 319 for summoning Jt CP Amod Kanth as an accused for allowing additional seats in the balcony of Uphaar cinema in the year 1979.The addition of the seats allowed by Amod Kanth blocked the gangway on the right hand side of the balcony which was in contravention of rules. He also overlooked the closure of the right hand side exit which was in contravention of rules, which was converted into a family box. The closure of the gangway and the non-availability of the exit on the right hand side was the prime cause for the death of 59 innocent lives.
23.11.2007: The Ld Trial Judge vide its judgement ordered further investigation of the offences in terms of section 173(8) Cr PC.
19.12.2008: The Hon’ble High Court vide its Judgement observed that the evidence gathered and placed before the court showed that there were glaring lapses in the Licensing department, the MCD and DVB and directed CBI that so far as the directions given by the Trial Court are concerned CBI shall complete the task in time bound manner and report its conclusions to the trial court by 15.03.2009.
05.03.2009: CBI filed a Closure Report in the court of Ld ASJ stating that no criminal acts were found against any of the officials of any department other than the 16 persons charge sheeted in the main case.
03.06.2009: AVUT filed a protest Petition.
12.08.2010: Ld MM of Patiala House Courts summoned Amod Kanth to stand trial for the offence u/s 304A,337,338 IPC and section 14 of the Cinematograph Act.
26.08.2010: Amod Kanth approached the Hon’ble High Court for setting aside the said order on the ground that no sanctions u/s 197 Cr PC has been obtained.
03.10.2013:Hon’ble High Court passed a Judgement in Crl. Misc Petition 2746/10 dismissing the petition of Amod Kanth.
09.11.2013 : Amod Kanth filed an SLP in the Hon’ble Supreme Court against the order of the Delhi High Court.
29.11.2013: Supreme Court granted Stay on the trial proceedings.